Speech of Mr. Cushing, of Massachusetts, on the Right of Petition, - as Connected with Petitions for the Abolition of Slavery and the Slave Trade - in the District of Columbia. In The House Of Representatives, January 25, 1836. by Caleb Cushing
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page 8 of 26 (30%)
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of these petitions.
Looking into the Constitution I find, among the amendments proposed by the Congress of 1789, and the very first of the number, the following article: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press; or _the right of the People_ peaceably to assemble and _to petition the Government for a redress of grievances_." Long before I had imagined that such a right would ever be called in question, I remember to have read the remark of a distinguished jurist and magistrate of the State of Virginia, (Tucker's Notes on Blackstone,) complaining that the concluding words of the clause I have cited from the Constitution did not so strongly guard the great right of petition, as the liberties of the People demanded. On the other hand, a still more distinguished jurist and magistrate, of my own State, (Story's Commentaries,) in remarking upon the same article, expresses the opinion that it is ample in terms; because, he adds, "It (the right of petition) results from the very nature of the structure and institutions of a republican government; it is impossible that it should be practically denied until the spirit of liberty had wholly disappeared, and the People had become so servile and debased as to be unfit to exercise any of the privileges of freemen." These eminent constitutional lawyers agreed in opinion of the importance of the provision; they differed only in thinking, the one, that the right of petition could not be too clearly defined; the other, that whether defectively defined or not in the letter, |
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